WEDNESDAY, MARCH 24, 2021 12:01 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, AS WE PAUSE FOR A MOMENT OF

SILENCE, LET US KEEP IN OUR THOUGHTS THE VICTIMS OF THE SHOOTING IN

BOULDER, COLORADO, THEIR FAMILIES, AND THOSE WHO RESPONDED TO THEIR

PHYSICAL AND OTHER INJURIES. LET US CONTEMPLATE A WORLD WHERE HATRED

AND VIOLENCE ARE NOT A DAILY OCCURRENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF TUESDAY, MARCH 23RD.

NYS ASSEMBLY MARCH 24, 2021

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MARCH THE

23RD AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO APPROVED.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I WANT TO WELCOME COLLEAGUES TO THE CHAMBERS AND THOSE --

BOTH WHO ARE HERE WITH US AND THOSE WHO ARE REMOTE. I WOULD LIKE TO

SHARE A QUOTE TODAY FROM ANOTHER REALLY GOOD SINGER. HER NAME IS

DOLLY PARTON. SHE'S AN AMERICAN SINGER, A SONGWRITER, A MULTI-CULTURAL

INSTRUMENTALIST, AN ACTRESS, A BUSINESS WOMAN AND A HUMANITARIAN. HER

WORDS FOR US TODAY ARE: IF YOUR ACTIONS CREATE A LEGACY THAT INSPIRES

OTHERS TO DREAM MORE, LEARN MORE, DO MORE, BECOME MORE, THEN, YOU

ARE AN EXCELLENT LEADER. AGAIN, MR. SPEAKER, THE WORDS OF DOLLY

PARTON.

COLLEAGUES DO HAVE ON THEIR DESKS A MAIN CALENDAR AS

WELL AS I WOULD LIKE TO ADVANCE THE A-CALENDAR NOW, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES: THANK YOU. AFTER ANY

HOUSEKEEPING, WE ARE GOING TO TAKE UP RESOLUTIONS ON PAGE 3, AND WE

WILL ALSO TAKE UP THE THREE BILL A-CALENDAR, AS WELL AS CALENDAR NO.

168 ON THE MAIN CALENDAR. THAT ONE WILL BE ON DEBATE, MR. SPEAKER.

THAT IS ALL I HAVE AT THIS MOMENT. IF THERE'S A NEED TO SHARE ANYTHING IN

NYS ASSEMBLY MARCH 24, 2021

ADDITION, WE WILL GET BACK TO YOU, BUT RIGHT NOW THAT'S THE GENERAL

OUTLINE. IF THERE'S HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING.

WE CAN GO DIRECTLY TO PAGE 3, ASSEMBLY NO. 129, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 129, MR.

ENGLEBRIGHT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 21-27, 2021 AS SURVEYORS

WEEK IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF

NATIONAL SURVEYORS WEEK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 130, MS.

JOYNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM MARCH 2021 AS KIDNEY DISEASE

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

ON THE A-CALENDAR, PAGE 3, RULES REPORT NO. 43, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00164-B, RULES

NYS ASSEMBLY MARCH 24, 2021

REPORT NO. 43, ZEBROWSKI, MCDONALD. AN ACT TO AMEND THE GENERAL

OBLIGATIONS LAW, IN RELATION TO THE DISCONTINUANCE OF THE LONDON

INTERBANK OFFERED RATE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 164-B. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED. THIS IS THE FIRST VOTE OF THE DAY.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02580, RULES REPORT

NO. 44, THIELE, MEEKS, WALLACE, CONRAD, OTIS, MCDONALD, JACOBSON.

AN ACT TO AMEND CHAPTER 308 OF THE LAWS OF 2012, AMENDING THE

GENERAL MUNICIPAL LAW RELATING TO PROVIDING LOCAL GOVERNMENTS

GREATER CONTRACT FLEXIBILITY AND COST SAVINGS BY PERMITTING CERTAIN

SHARED PURCHASING AMONG POLITICAL SUBDIVISIONS, IN RELATION TO THE

EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2580. THIS IS A FAST ROLL CALL. ANY

NYS ASSEMBLY MARCH 24, 2021

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A05873, RULES REPORT

NO. 45, REYES, DE LA ROSA, ROZIC, FRONTUS, GONZÁLEZ-ROJAS. AN ACT

TO AMEND THE FAMILY COURT ACT, IN RELATION TO ELIMINATING THE USE OF

THE TERM INCORRIGIBLE.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MS. WALSH.

AN EXPLANATION IS REQUESTED, MS. REYES.

MS. REYES: ABSOLUTELY. THANK YOU, MR. SPEAKER.

THIS BILL WOULD ELIMINATE THE TERM "INCORRIGIBLE" FROM THE FAMILY

COURT ACT AS IT RELATES TO ACTIONS OR GROUNDS THAT AUTHORIZE A PERSONS IN

NEED OF SUPERVISION PETITION.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR A QUICK QUESTION?

ACTING SPEAKER AUBRY: MS. REYES, WILL YOU

YIELD?

NYS ASSEMBLY MARCH 24, 2021

MS. REYES: ABSOLUTELY.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU SO MUCH. SO MY ONLY

QUESTION IS I UNDERSTAND THAT -- I BELIEVE I UNDERSTAND THAT THE REASON

THAT THERE'S A DESIRE TO TAKE THE WORD INCORRIGIBLE OUT OF THIS SECTION OF

THE FAMILY COURT ACT IS BECAUSE INCORRIGIBLE IS DEFINED AS BAD OR

DEPRAVED BEYOND CORRECTION OR REFORM, AND THE WHOLE IDEA OF A PINS IS

TO TRY TO GET THAT YOUNG PERSON TO A BETTER PLACE AND TO, IN FACT, TRY TO,

YOU KNOW, HELP THAT INDIVIDUAL OUT. SO WE DON'T WANT TO -- WE DON'T

WANT TO LABEL SOMEBODY AS BEING INCORRIGIBLE WHEN WE'RE, IN FACT, YOU

KNOW, TRYING TO PUT THINGS INTO PLACE TO HELP THE INDIVIDUAL OUT.

MY ONLY QUESTION TO THE SPONSOR IS THIS DOESN'T -- THE

REMOVAL OF THAT TERM INCORRIGIBLE, THAT DOESN'T CHANGE THE BURDEN OF

PROOF AT ALL FOR A PINS, IS THAT CORRECT?

MS. REYES: THAT'S CORRECT. AS A MATTER OF FACT,

OCA HAS ASSURED US THAT FOR MOST PINS PETITIONS, THEY'RE NOT JUST

SOLELY FILED ON THE WORD INCORRIGIBLE, THERE ARE USUALLY OTHER FACTORS

THAT DETERMINE A PINS.

MS. WALSH: VERY GOOD. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON SENATE 2737. THIS IS A FAST ROLL CALL. ANY MEMBER

WISHING TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

NYS ASSEMBLY MARCH 24, 2021

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MS. REYES TO EXPLAIN HER VOTE.

MS. REYES: THANK YOU, MR. SPEAKER. TOO OFTEN,

YOUNG PEOPLE, IN PARTICULAR, GIRLS, TRANSGENDER AND GENDER

NONCONFORMING YOUNG PEOPLE OF COLOR ARE TARGETED AND PUNISHED FOR

BEHAVIORS THAT DO NOT MATCH EXPECTATIONS ROOTED IN RACE AND CLASS

DISCRIMINATION. THE WORD INCORRIGIBLE IS AN ANTIQUATED TERMINOLOGY

THAT HAS NO PLACE IN OUR FAMILY COURTS. IT IS A SCARLET LETTER THAT SIGNALS

TO OUR YOUNG PEOPLE THAT THEY ARE IRREDEEMABLE, THAT WE HAVE NO HOPE

FOR THEM.

TODAY WE TAKE ANOTHER STEP TOWARD A MORE JUST FUTURE

AND CONTINUE THE WORK OF REIMAGING A SYSTEM THAT DEALS WITH YOUNG

PEOPLE IN A SUPPORTIVE, NOT PUNITIVE WAY, AND THAT RECOGNIZES THE

LIMITLESS POTENTIAL THAT EXISTS WITHIN ALL OUR CHILDREN. I'LL BE VOTING IN

THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. REYES IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

(LAUGHTER)

MS. WALSH: I COULD DO THAT. NO, I THINK THAT WE

JUST HAD A MISCOMMUNICATION, THAT'S TOTALLY FINE. I'M ALSO IN FAVOR OF

THIS. AS MANY OF YOU KNOW, I PRACTICE IN FAMILY COURT REGULARLY AND,

YOU KNOW, I DO THINK THAT THE PINS PROCEDURE DOES NOT REQUIRE THIS

TERM AND I THOUGHT IT WAS INTERESTING THAT THE -- THE ADVOCATES HAVE

NYS ASSEMBLY MARCH 24, 2021

COINED THIS SLOGAN ENCOURAGABLE, NOT INCORRIGIBLE, SO I THINK THAT THAT'S

-- THAT THAT'S THE REASON FOR MY YES VOTE TODAY. THANKS.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I RISE TO CONGRATULATE THE SPONSOR OF THIS PIECE OF LEGISLATION.

WHILE IT MAY SEEM AS THOUGH IT IS A SMALL THING AND INCONSEQUENTIAL,

BUT OVER THE COURSE OF HISTORY THERE WERE A LOT OF DIFFERENT TYPES OF

TERMINOLOGY USED ACROSS THE SPECTRUM FOR NOT JUST FAMILY LAW, BUT ANY

CRIMINAL COURT AND/OR WITHIN OUR SCHOOL SYSTEMS TO SOMEHOW FIND WAYS

TO MAKE SURE THAT CHILDREN OF COLOR UNFORTUNATELY ENDED UP SUFFERING

THROUGH SYSTEMS THAT THEY WERE NOT -- SHOULD NOT HAVE BEEN THERE AT ALL.

AND WHAT THAT HAS DONE, MR. SPEAKER, IS CREATE A LONG LINE OF

GENERATIONS OF PEOPLE WHO SUFFERED THROUGH SYSTEMS THAT WERE CREATED

BY LAWMAKERS, SOMETIMES PERHAPS WELL-INTENDED, BUT IN THE REVERSE IT'S

HAD A NEGATIVE IMPACT ON THE LIVES OF A LOT OF FAMILIES THROUGHOUT OUR

STATE.

SO I DO APPRECIATE THE SPONSOR FOR PUTTING FORTH THIS

RESOLUTION -- THIS LEGISLATION, AND I BELIEVE THAT IT WILL BEGIN TO TURN THE

TIDE ON SOME OF THE PROBLEMS THAT WE CREATED IN THE PAST AS -- AS

LAWMAKERS. SO THANK YOU AGAIN, MR. SPEAKER, FOR THE OPPORTUNITY TO

EXPLAIN MY VOTE. I'M PLEASED TO VOTE IN THE AFFIRMATIVE ON THIS PIECE OF

LEGISLATION.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

NYS ASSEMBLY MARCH 24, 2021

IN THE AFFIRMATIVE.

MS. GONZÁLEZ-ROJAS TO EXPLAIN HER VOTE.

MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.

I RISE IN FAVOR OF THIS LEGISLATION AND THANK THE BILL SPONSOR FOR THEIR

WORK ON THIS. MANY OF MY NEW COLLEAGUES KNOW, BUT I WORKED AS

EXECUTIVE DIRECTOR OF THE NATIONAL LATINA INSTITUTE FOR REPRODUCTIVE

JUSTICE, WHICH CENTERED LATINA WOMEN AND GIRLS AND WOMEN OF COLOR IN

A FIGHT FOR RACIAL AND GENDER JUSTICE. PROTECTING WOMEN AND GIRLS OF

COLOR WHO ARE AT THE INTERSECTIONS OF OUR GREATEST SOCIETAL PRESSURES AND

BURDENS IS CRUCIAL FOR A MORE JUST SOCIETY. TO DO THIS, WE MUST BE

INTENTIONAL ABOUT THE LANGUAGE AND HOW IT'S UTILIZED TO FURTHER SURVEIL

AND HARM YOUNG GIRLS OF COLOR. THE TERM INCORRIGIBLE IS A PRIME

EXAMPLE OF THIS INJUSTICE. INCORRIGIBLE MEANS THE INABILITY TO BE

REFORMED.

I WILL BE BLUNT. THIS TERM IS RACIALLY BIASED AND HAS A

STRONG GENDER BIAS AGAINST GIRLS OF COLOR FOR SUPPOSEDLY FAILING TO MEET

THE DOMINANT WHITE NORMATIVE EXPECTATIONS OF WHAT WE HAVE COME TO

LABEL FEMININITY. BLACK GIRLS IN PARTICULAR ARE MORE LIKELY TO BE

DISCIPLINED FOR TALKING BACK AND BEING UNLADYLIKE, AND ARE ALSO MORE

LIKELY TO BE ARRESTED IN THEIR SCHOOLS FOR BEING "DISRESPECTFUL" AND

"UNCONTROLLABLE," AND I SAY THIS IN QUOTES. FRANKLY THIS TERM HAS BEEN

-- AND THE WAY IT'S BEEN USED IN PINS PROCEEDINGS IS AN EXTENSION OF A

LARGER PATRIARCHIC INCARCERAL SYSTEM THAT SURVEILS, INCARCERATES AND

PUNISHES GIRLS AND WOMEN OF COLOR, AND ATTEMPTS TO SERVE AS A PIPELINE

TO JAILS AND PRISON.

NYS ASSEMBLY MARCH 24, 2021

LAST YEAR A GROUP OF MOTIVATED YOUNG WOMEN TRAVELED

TO ALBANY TO VOICE THEIR OPPOSITION TO OUR USE OF INCORRIGIBLE. A YOUNG

GIRL, SIERRA, SAID, INCORRIGIBLE IS USED TO LABEL GIRLS OF COLOR AND PUSH

THEM INTO THE COURT SYSTEM TO PUNISH AND EXCLUDE AND STIGMATIZE. THIS

WORD HAS BEEN USED FOR OVER 100 YEARS BY THE JUVENILE JUSTICE SYSTEM

AND HAS ALWAYS BEEN HARMFUL, RACIST, SEXIST AND OPPRESSIVE. IN 2018

NEARLY HALF OF PERSONS IN NEED OF SUPERVISION IN COURT PETITIONS

INVOLVED LATINO OR BLACK YOUTH, AND DURING THE 2018-2019 SCHOOL

YEAR, 57 PERCENT OF ALL POLICE INTERVENTIONS IN NEW YORK CITY SCHOOLS

INVOLVED BLACK GIRLS, ACCORDING TO GIRLS FOR GENDER EQUITY. THIS TERM

IS OUTDATED AND HARMFUL.

SO IN CLOSING, IF WE WANT THE FAMILY COURT SYSTEM TO

BE REHABILITATIVE AND SUPPORT FAMILIES AND YOUNG PEOPLE, THIS TERM

MUST ALTOGETHER BE REMOVED FROM THE FAMILY COURT ACT. OUR YOUNG

GIRLS OF COLOR NEED THE RESOURCES TO SUCCEED ACADEMICALLY, CARE FOR

THEMSELVES AND SEE THEMSELVES AS EQUALLY VALUABLE AND BEAUTIFUL AS

ANY OTHER YOUNG PERSON. THEY DO NOT NEED SURVEILLANCE AND CONTROL. I

VOTE IN THE AFFIRMATIVE. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: MEMBER IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MAIN CALENDAR, PAGE 16, CALENDAR NO. 168, THE CLERK

WILL READ.

NYS ASSEMBLY MARCH 24, 2021

THE CLERK: ASSEMBLY NO. A02236, CALENDAR NO.

168, STERN, OTIS. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

STANDARDS FOR PROMPT INVESTIGATION AND SETTLEMENT OF CLAIMS ARISING

FROM STATES OF EMERGENCY.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. STERN.

MR. STERN: YES, THANK YOU, MR. SPEAKER. AS WE

EXPERIENCED TOO WELL AFTER THE DEVASTATION OF SUPERSTORM SANDY OR

TROPICAL STORMS IRENE AND LEE, IN NUMEROUS CASES, TOO MANY CASES

YEARS PASSED BEFORE HOMEOWNERS AND BUSINESSES WERE ABLE TO RESOLVE

THEIR CLAIMS IN ORDER TO DO NECESSARY REPAIRS, REPLACE PROPERTY OR

BECOME WHOLE AGAIN. SO THIS LEGISLATION ESTABLISHES CLAIM

INVESTIGATION AND TIMELY SETTLEMENT STANDARDS FOR INSURANCE COMPANIES

IN THE EVENT OF A DISASTER OR EMERGENCY.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. STERN, WILL YOU

YIELD?

MR. STERN: YES, OF COURSE.

ACTING SPEAKER AUBRY: MR. STERN YIELDS.

MS. WALSH: THANK YOU SO MUCH. SO JUST A FEW

QUESTIONS FOR YOU. I KNOW THAT THIS IS A BILL THAT'S BEEN DEBATED BEFORE

AND I -- I DID TAKE A LOOK AT THAT PRIOR DEBATE. CAN YOU JUST WALK

THROUGH WHAT THE -- WHAT THE CHANGES WOULD BE IF THIS BILL WERE PASSED

NYS ASSEMBLY MARCH 24, 2021

AND MADE INTO LAW IN TERMS OF THE CLAIMS PROCEDURE IN A STATE DISASTER

EMERGENCY?

MR. STERN: YEAH. SO PURSUANT TO PRESENT

REGULATION, THERE IS A TIME PERIOD PROVIDED IN WHICH A CLAIM HAS TO

BEGIN ITS PROCESS. BUT ULTIMATELY THERE IS NO END AND AS WE SAW IN TOO

MANY CASES, AS I HAD STATED, YEARS WOULD PASS WITH CLAIMS GOING

UNRESOLVED. OF COURSE, THE PROBLEM WITH THAT IS NOT ONLY HOMEOWNERS

NOT BEING ABLE TO GET BACK INTO THEIR HOMES, BUSINESSES NOT BEING ABLE

TO REOPEN ONCE AGAIN, BUT THE IMPACT THAT IT HAS ON THE HEALTH AND THE

SAFETY AND THE QUALITY OF LIFE FOR A NEIGHBORHOOD IN ITS ENTIRETY. AND SO

HERE, THIS WOULD NOW PROVIDE FOR A TIME PERIOD IN WHICH CLAIMS NEED TO

BE INVESTIGATED. THERE NEEDS TO BE A DETERMINATION MADE AND IF IT'S

POSITIVE, THEN PROPERTY PAYMENT WOULD RESULT. IF THAT CLAIM IS DENIED,

THEN THERE IS AT LEAST A CLEAR IDEA AS TO WHAT THE APPEALS PROCESS IS

GOING TO BE. THAT WILL ULTIMATELY HAVE TO BE RESOLVED AND THEN GO FROM

THERE.

SO ULTIMATELY THIS NOW PROVIDES A TIME PERIOD OF 15

DAYS THAT THE INSURER NEEDS TO MAKE A DETERMINATION AFTER ALL OF THE

INFORMATION, AFTER ALL OF THE DOCUMENTATION HAS BEEN RECEIVED THEN

WOULD, WITHIN THAT 15-DAY TIME PERIOD NEED TO MAKE A DETERMINATION;

HOWEVER, IF THERE IS CAUSE SHOWN, IF THERE IS A REASON WHY THE INSURER IS

NOT ABLE TO MAKE A DETERMINATION, THEN THEY CAN HAVE AN ADDITIONAL 15

DAYS. IN ORDER TO GET THE ADDITIONAL ONE-TIME 15 BUSINESS DAYS, THEY

WOULD HAVE TO PUT THE REASONING IN WRITING TO THE CLAIMANT. PERHAPS

THERE'S EVEN MORE INFORMATION THAT'S NECESSARY TO MAKE THE

NYS ASSEMBLY MARCH 24, 2021

DETERMINATION, BUT IT'S 15 DAYS THAT'S ADDED WITH THE -- WITH THE

POSSIBILITY OF DOING A ONE-TIME ADDITIONAL 15-DAY PERIOD. THAT'S THE

CHANGE.

MS. WALSH: VERY GOOD. SO LET'S JUST -- YOU DID A

GREAT JOB I THINK WALKING THROUGH SOME OF THAT. LET'S JUST DRILL DOWN

TO, JUST AS A PRACTICAL EXAMPLE HOW THIS WOULD GO. SO THERE IS A

HURRICANE THAT OCCURS AND THAT HURRICANE CAUSES A LOT OF DAMAGE,

POSSIBLY WASHING OUT OR DESTROYING ROADS, I WOULD ASSUME BLOWING

MAILBOXES AWAY, HOMES BEING IN GREAT, GREAT DISARRAY, DAMAGE,

EVERYTHING IS -- IS IN CHAOS AND THERE IS A DISASTER, A STATE OF EMERGENCY

THAT'S -- THAT'S DECLARED EITHER BY -- THOUGH THERE'S THREE DIFFERENT WAYS

THAT THIS COULD CLICK IN, RIGHT, WITH THE LOCAL STATE OF EMERGENCY IS

DECLARED PURSUANT TO THE EXECUTIVE LAW, THE GOVERNOR DECLARES A

DISASTER EMERGENCY PURSUANT TO THE EXECUTIVE LAW, OR THE PRESIDENT OF

THE UNITED STATES DOES. SO AT THAT POINT WE'RE NOT MEASURING THE 15

DAYS FROM THE DISASTER ITSELF, WHICH I THINK IS VERY IMPORTANT. WE'RE

MEASURING IT FROM WHEN ALL ITEMS, STATEMENTS, AND FORMS REQUESTED

UNDER THIS SECTION HAVE -- HAVE BEEN RECEIVED BY THE INSURER. SO THAT --

THAT COULD BE, YOU KNOW, A WAYS BEFORE THAT'S ACTUALLY DONE, RIGHT?

MR. STERN: IT CAN BE.

MS. WALSH: YEAH. SO WHEN THE -- SO THE DISASTER

OCCURS AND THEN -- THEN THERE IS A CLAIM THAT IS MADE, AND I ASSUME THAT

THOSE CLAIMS COULD BE MADE BY TELEPHONE IF THERE'S, HOPEFULLY THERE'S

CELL PHONE SERVICE OR THERE'S A WAY TO FILE A CLAIM, USUALLY THAT'S DONE

OVER THE PHONE, I BELIEVE. SO AT THAT POINT THE INSURER'S GOT TO

NYS ASSEMBLY MARCH 24, 2021

ACKNOWLEDGE THE RECEIPT OF ALL CLAIMS IN WRITING TO THE CLAIMANT. SO

ONE THING THAT OCCURRED TO ME IS HOW DOES THAT HAPPEN? I MEAN THERE

MIGHT NOT EVEN BE MAIL SERVICE TO THIS AREA. HOW IS AN INSURER

SUPPOSED TO NOTIFY THE -- THE RECEIPT OF THE CLAIM IN WRITING?

MR. STERN: WHATEVER THE NORMAL COURSE USUALLY IS,

WHETHER THAT IS IN WRITING BY SNAIL MAIL, I'M SURE THAT THERE ARE

GUIDELINES WITHIN THE INSURANCE COMPANY'S POLICIES AND IN THE POLICY

ITSELF THAT CAN PROVIDE FOR WRITTEN NOTIFICATION TO BE BY E-MAIL OR SOME

OTHER SOURCE. THAT, BY THE WAY, IS ALSO PROVIDED FOR NOT VERBATIM IN

THE BILL, BUT DOES SUGGEST IN THE BILL THAT HOW A CLAIM IS BEGUN AND THE

REQUIREMENTS AND HOW THAT MIGHT WORK IS GOING TO BE LEFT TO THE

REGULATORY PROCESS WITHIN -- THE SUPERINTENDENT OF DFS WILL

PROMULGATE THOSE REGULATIONS THAT WOULD SPECIFICALLY ANSWER THAT

QUESTION.

MS. WALSH: OKAY. VERY GOOD. I THINK THAT THAT --

I THINK THAT'S AN IMPORTANT POINT. YOU KNOW, WHEN YOU'RE THINKING

ABOUT SOMETHING THAT IS SO CATASTROPHIC THAT WE'VE GOT THIS STATE OF

EMERGENCY, YOU'VE GOT TO THINK JUST IN TERMS OF LOGISTICS HOW DOES THAT

EVEN -- HOW IS THAT EVEN GOING TO HAPPEN. SO THEN AFTER THAT CLAIM IS

ACKNOWLEDGED, THEN THERE IS -- THERE'S GOT TO BE SOME COMMUNICATION

OR CONTINUING COMMUNICATION BETWEEN THE AGENT OR INSURER AND THE --

THE HOMEOWNER OR PROPERTY OWNER TO -- TO SAY, WE NEED TO GET THIS

CHECKLIST OF THINGS, WE NEED TO RECEIVE THESE THINGS FROM YOU. AND --

AND THEN THERE'S GOING TO BE A PERIOD OF TIME WHERE THOSE THINGS ARE

GOING BACK AND FORTH, I GUESS, AND ARE GOING TO BE ASSEMBLED. AND

NYS ASSEMBLY MARCH 24, 2021

THEN AT THAT POINT WHEN IT'S -- WHEN THEY'VE GOT EVERYTHING AND IT'S

COMPLETE, THEN WHAT THE BILL SAYS IS THAT FOR 15 BUSINESS DAYS AFTER THAT,

THERE NEEDS TO BE A DETERMINATION MADE AS TO WHETHER THAT IS GOING TO

BE COVERED, OR WHAT THE -- WHAT THE RESOLUTION IS GOING TO BE THROUGH

THE CLAIM, IS THAT CORRECT?

MR. STERN: THAT'S CORRECT.

MS. WALSH: OKAY. ALL RIGHT. AND THEN YOU

MENTIONED I THINK EARLIER THAT IF THAT DETERMINATION CAN'T BE MADE

WITHIN 15 DAYS, THE INSURER CAN REQUEST AN ADDITIONAL ONE-TIME

ADDITIONAL 15 DAYS.

MR. STERN: THAT'S CORRECT.

MS. WALSH: OKAY. ALL RIGHT. AND I DID LIKE THE

FACT THAT AFTER THE CLAIM HAS BEEN -- IT'S BEEN, YOU KNOW, RESOLVED I

GUESS, THAT THE PAYMENT ITSELF HAS GOT TO BE IN THREE BUSINESS DAYS FROM

THE SETTLEMENT OF THE CLAIM. OKAY. SO I THINK THAT -- WELL, ACTUALLY,

YOU KNOW WHAT? THANK YOU SO MUCH FOR YOUR -- FOR YOUR ANSWERS AND

EXPLANATIONS AND, MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO I THINK THAT ONE OF THE THINGS THAT I

THINK WE NEED TO THINK ABOUT IN PASSING LEGISLATION LIKE THIS, I CAN -- I

CAN ONLY IMAGINE WHAT REALLY -- I MEAN WHAT PRECIPITATED THIS BILL IS

REALLY THE HURRICANE SANDY, AND I CAN'T EVEN IMAGINE THAT DEVASTATION

THAT OCCURRED IN MANY OF MY COLLEAGUES, IN YOUR DISTRICTS. THE IDEA OF

HAVING PEOPLE WAIT A REALLY PROLONGED PERIOD OF TIME TO HAVE THESE

NYS ASSEMBLY MARCH 24, 2021

RESOLVED IS UNACCEPTABLE, AND I CAN UNDERSTAND WHY THERE WOULD BE

LEGISLATION THAT WOULD FOLLOW A LOSS LIKE THAT. WHAT I'M KIND OF

LOOKING FOR IN THE BILL IS JUST TO MAKE SURE THAT IT'S NOT SETTING THE

INSURERS UP FOR A REALLY IMPOSSIBLE SITUATION THAT THEY'RE GOING TO FIND

THEMSELVES IN. IF THEY CAN'T, BECAUSE OF THE EMERGENCY, COMMUNICATE

IN WRITING EFFECTIVELY WITH THE -- THE PEOPLE WHO HAVE EXPERIENCED THE

LOSS, IF THEY'RE PHYSICALLY NOT GOING TO BE ABLE TO GET OUT AND DO A SITE

EVALUATION, I MEAN BECAUSE THE ROADS ARE IMPASSABLE OR THERE -- JUST

NOBODY'S BEING ALLOWED OUT TO A CERTAIN AREA BECAUSE OF THE DISASTER,

THOSE ARE ALL THINGS THAT I WOULD BE CONCERNED ABOUT THINKING ABOUT THE

-- THE INSURER'S PART AND THEIR POINT OF VIEW. AND WE KNOW THAT THE --

THERE IS SOME OPPOSITION TO THE BILL FROM DIFFERENT INSURANCE COMPANIES

WHO ARE BASICALLY SAYING, LOOK, WE WANT TO MAKE SURE THAT THESE

CLAIMS ARE ADJUSTED APPROPRIATELY. WE WANT TO DO OUR WORK WELL, AND

WE WANT TO DO IT FAST ENOUGH SO THAT PEOPLE AREN'T LEFT HANGING FOR A

PROLONGED PERIOD OF TIME. I THINK THAT EVERYBODY HAS THAT DESIRE, IT'S

JUST HOW DO WE -- EVERYBODY WANTS A TIMELY RESOLUTION OF CLAIMS, BUT I

THINK PLACING A REALLY TIGHT TIME FRAME ON IT COULD RESULT IN THE WORK

NOT BEING DONE THOROUGHLY OR APPROPRIATELY.

SO I HAVE -- I DO HAVE CONCERNS ABOUT THIS BILL. I HAVE

BEEN IN THE NEGATIVE ON THE BILL BEFORE. I DON'T -- NOW THAT I'VE READ IT A

LITTLE BIT CLOSER I GUESS AND HAD THE OPPORTUNITY TO DISCUSS IT A LITTLE BIT

MORE, IT DOES SEEM THAT NOW THAT THE 15 DAYS -- THE INITIAL 15-DAY

PERIOD RUNS FROM WHEN EVERYTHING HAS BEEN RECEIVED, THAT DOES ADDRESS

SOME OF THE CONCERNS THAT I INITIALLY HAD WITH THE BILL, SO I'M A LITTLE

NYS ASSEMBLY MARCH 24, 2021

UNDECIDED. I'M GOING TO WAIT TO SEE WHAT OTHER DEBATE WE'VE GOT AND

LISTEN, BUT I DO APPRECIATE THE SPONSOR BRINGING THE BILL FORWARD AND FOR

HIS ANSWERS TO MY QUESTIONS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

MR. -- MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. STERN, WILL YOU

YIELD?

MR. STERN: YES, OF COURSE.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. STERN. LOOKING AT

THE STATUTORY LANGUAGE, THE EXPEDITED REVIEW TIME BY INSURANCE

COMPANIES IS TRIGGERED WHENEVER THERE'S A STATE OF DIASTER DECLARED,

INCLUDING A STATE OF DISASTER BY THE GOVERNOR, CORRECT?

MR. STERN: CORRECT.

MR. GOODELL: AND THERE'S NOTHING IN THIS

LANGUAGE THAT LIMITS IT TO A STATE OF DISASTER RELATING TO A NATURAL CAUSE

OR A NATURAL DISASTER, CORRECT?

MR. STERN: IT -- IT -- IT REFERS TO THE DECLARATION OF A

STATE OF DISASTER, BUT IT DOES NOT GO INTO PARTICULARS, THAT'S CORRECT.

MR. GOODELL: AND OF COURSE AS YOU KNOW, WE'RE

NOW MORE THAN ONE YEAR INTO A STATE OF DISASTER DECLARED BY THE

GOVERNOR RELATING TO COVID, WHICH HAS NOTHING WHATSOEVER TO DO

NYS ASSEMBLY MARCH 24, 2021

WITH INSURANCE CLAIMS, BUT UNDER THE LANGUAGE OF THIS BILL THAT WOULD

TRIGGER THIS EXPEDITED REVIEW FOR ANY CLAIMS, A FIRE CLAIM, A TREE FALLING

ON YOUR CAR, WHATEVER, RIGHT?

MR. STERN: I DON'T BELIEVE SO. I DON'T THINK THAT THE

TREE FALLING ON THE CAR IS A RESULT OF ANY OF THE PRESENT FACTS DUE TO THE

CURRENT DECLARATION OF DISASTER OR EMERGENCY. I WOULD THINK THAT THERE

WOULD HAVE TO BE CAUSATION BETWEEN THE DAMAGE THAT YOU ARE MAKING A

CLAIM FOR AND THE REASON FOR THE DECLARATION OF THE DISASTER IN THE FIRST

PLACE.

MR. GOODELL: DON'T YOU THINK IT WOULD BE A GREAT

IDEA IF THE LANGUAGE OF THE PROPOSED BILL REFERENCED BOTH A NATURAL

DISASTER AS WELL AS SOME CAUSATION?

MR. STERN: YEAH. I THINK THAT'S WHY IT'S IMPORTANT

TO HAVE THIS KIND OF A CONVERSATION, WHETHER IT'S BETWEEN US OR LEADERS,

WHETHER THEY ARE PRACTITIONERS OR SOME OF THE OUTSTANDING

ORGANIZATIONS THAT REPRESENT THEIR MEMBERSHIP IN THE INDUSTRY, BECAUSE

MUCH OF WHAT WE ARE DISCUSSING TODAY ARE RULES AND REGULATIONS THAT

ARE THEN GOING TO BE PROMULGATED BY THE SUPERINTENDENT AND THE

AGENCY. SO I WOULD AGREE THAT THAT WOULD BE IMPORTANT FOR THAT

DISCUSSION WHEN THERE IS AN IMPLEMENTATION OF -- OF RULES AND REGS.

MR. GOODELL: OBVIOUSLY WHEN THERE'S A CLAIM

FILED WITH AN INSURANCE COMPANY, THE BURDEN OF PROOF IS ON THE INSURED

TO QUANTIFY AND DOCUMENT THE AMOUNT OF THE CLAIM; IT'S NOT THE OTHER

WAY AROUND, RIGHT? I MEAN, THE INSURED DOESN'T JUST CALL UP AND SAY,

HEY, I HAVE A CLAIM, THE INSURED HAS TO DO IT. THE PROBLEM THAT MANY

NYS ASSEMBLY MARCH 24, 2021

INSUREDS FACE IS THAT DURING A MAJOR DISASTER, IT IS EXTRAORDINARILY

DIFFICULT FOR THEM, THE INSUREDS, TO GET QUOTES BECAUSE CONTRACTORS ARE

BUSIER THAN BLAZES AND THEY DON'T WANT TO WASTE TIME PREPARING QUOTES,

PARTICULARLY IF IT'S A MAJOR LOSS, OR TO GET ARCHITECT REVIEWS OR GO OUT TO

BID, ANY OF THAT STUFF. SO ISN'T IT TRUE THEN IN A MAJOR DISASTER FOR THE

LARGE CLAIMS, THE REAL DELAY IS NOT ON THE INSURANCE SIDE, IT'S ON THE

INSURED'S SIDE IN GETTING THE INFORMATION TO THE INSURANCE COMPANY.

MR. STERN: WELL, I THINK TWO ISSUES THERE: FIRST OF

ALL, I -- I WOULD CERTAINLY AGREE THAT BASED ON FACTS AND CIRCUMSTANCES,

IT MIGHT BE DIFFICULT FOR THE ADJUSTER TO GET OUT AND DO THE INVESTIGATION,

ET CETERA. THE LEGISLATION DOES PROVIDE FOR ALTERNATIVE METHODS. IT

DOES PROVIDE THAT THE CLAIMANT WOULD HAVE THE ABILITY TO MAKE THE

CLAIM WITH PICTURES AND WITH VIDEO AND ALTERNATIVE SOURCES, PARTICULARLY

IN THE EVENT THAT THE ADJUSTER IS, FOR SOME REASON, NOT ABLE -- NOT ABLE TO

GET OUT THERE. I THINK THE OTHER ISSUE THERE IS THAT WHILE THERE MIGHT BE

A TIME ISSUE IN BEING ABLE TO GET OUT THERE, REMEMBER THAT THE 15 DAYS

BEGINS WHEN ALL OF THE INFORMATION, WHEN ALL OF THE DOCUMENTATION IS

RECEIVED. SO IF THE ADJUSTER HAS NOT HAD THE OPPORTUNITY TO GET OUT AND

DO THE INVESTIGATION, THEN THAT 15-DAY COUNT CAN'T EVEN START BECAUSE

THE COMPANY, THE INSURANCE COMPANY, WOULD SAY, WE HAVEN'T RECEIVED

ALL THE INFORMATION OR DOCUMENTATION TO QUANTIFY THE CLAIM.

MR. GOODELL: NOW THIS -- THIS LEGISLATION DOESN'T

MAKE ANY DISTINCTION BETWEEN SMALL CLAIMS AND LARGE CLAIMS, RIGHT?

THEY ALL WOULD HAVE TO BE PROCESSED WITHIN THE 15 DAYS.

MR. STERN: CORRECT.

NYS ASSEMBLY MARCH 24, 2021

MR. GOODELL: DOESN'T THAT CREATE AN ANOMALOUS

SITUATION WHERE AN INSURANCE COMPANY MIGHT GIVE PRIORITY TO DOZENS OF

SMALL CLAIMS THAT WERE PRESENTED YESTERDAY OVER LARGE CLAIMS THAT ARE

PRESENTED TODAY BECAUSE THEY HAVE AN ARTIFICIAL DEADLINE? HOW WOULD

YOU RESPOND TO THAT ISSUE ABOUT PRIORITIZATION?

MR. STERN: I THINK THAT'S AN IMPORTANT ISSUE AND,

AGAIN, REMEMBER THAT THE 15-DAY TIME PERIOD THAT WE'RE TALKING ABOUT

TODAY IS WHEN ALL OF THE INFORMATION, THE DOCUMENTATION, THE

INVESTIGATION HAS BEEN COMPLETED AND WE ARE WAITING A DETERMINATION.

WHAT THE LEGISLATION PROVIDES BEFORE IT EVEN GETS TO THAT COUNTING OF

THE DAYS, MORE TOWARDS THE BEGINNING OF THE BILL, IS THAT MAKING THE

CLAIM IN THE FIRST INSTANCE IS GOING TO BE LEFT TO THE DEPARTMENTAL AGENCY

TO CREATE RULES AND REGULATIONS. I WOULD THINK THAT THAT IS A VERY

IMPORTANT ISSUE AND ONE THAT, ONCE AGAIN, INDUSTRY SHOULD PLAY AN

IMPORTANT PART IN HELPING TO DEVELOP THOSE RULES AS TO POTENTIALLY YES,

WHAT'S GOING TO BE THE PECKING ORDER OF THESE CLAIMS THAT ARE GOING TO

BE MADE, CERTAINLY THOSE THAT REQUIRE IMMEDIATE ACTION THERE SHOULD BE

PROVISION FOR. THAT'S GOING TO BE LEFT TO THE RULE-MAKING PROCESS.

MR. GOODELL: AS YOU KNOW, DETERMINATION OF A

CLAIM ISN'T A BLACK AND WHILE YES/NO ISSUE. SO AN INSURANCE COMPANY

MAY GET A CLAIM, THE INSURANCE COMPANY MAY IMMEDIATELY RESPOND BY

RETURN MAIL, ASSUMING THERE'S EVEN MAIL SERVICE, BUT RESPOND

IMMEDIATELY SAYING, YES, YOU ARE COVERED FOR WIND DAMAGE, BUT THAT

DOESN'T MEAN THAT THEY'RE WRITING A CHECK FOR EVERYTHING YOU'RE ASKING

FOR.

NYS ASSEMBLY MARCH 24, 2021

MR. STERN: SURE.

MR. GOODELL: AND SO THE INSURANCE COMPANY

MAY SAY, YEAH CLEARLY WE'RE COVERING YOUR ROOF DAMAGE, CLEARLY WE'RE

COVERING, YOU KNOW, CERTAIN OTHER DAMAGE, BUT WE'RE NOT COVERING

YOUR FLOODED BASEMENT BECAUSE THAT MIGHT BE FLOOD INSURANCE WHICH IS

A DIFFERENT POLICY. SO HOW DOES YOUR BILL ADDRESS THE SITUATION WHERE

THE INSURANCE COMPANY ACCEPTS SOME OF THE CLAIMS OR ACCEPTS GENERAL

COVERAGE, BUT DISPUTES THE AMOUNT?

MR. STERN: WELL --

MR. GOODELL: OR MAKES A PARTIAL PAYMENT.

MR. STERN: IF THEY DISPUTE THE AMOUNT OR MAKING

PARTIAL PAYMENT, THEY HAVE MADE A DETERMINATION AND THAT

DETERMINATION MUST BE MADE WITHIN THE TIME PERIOD PROVIDED. TO THE

EXTENT THAT THE DETERMINATION IS A DENIAL, THEN THERE IS AN APPEAL

PROCESS THAT'S ALSO PROVIDED FOR IN THE LEGISLATION.

MR. GOODELL: AND SO YOU ENVISION, FOR EXAMPLE,

THAT AN INSURANCE COMPANY MIGHT SAY, WE HAVE NO PROBLEM WITH YOUR

FIRST SIX CLAIMS BUT, YOU KNOW, SEVEN, EIGHT, NINE, WE NEED MORE

DOCUMENTATION. THEY COULD PAY THE FIRST FIVE OR SIX WHILE STILL HOLDING

UP THE CLAIM FOR THE REST OF THEM PENDING FURTHER DOCUMENTATION.

MR. STERN: I DO. IF YOU'RE MAKING A DETERMINATION

ON CERTAIN CLAIMS AS PROVIDED FOR IN THE LEGISLATION, THEN THAT'S GOOD

AND THERE SHOULD BE PROMPT PAYMENT, AS WELL. IF YOU ARE DENYING A

CLAIM, THAT IS ALSO A DETERMINATION AS REQUIRED IN THE BILL.

MR. GOODELL: AND IF THE INSURANCE COMPANY

NYS ASSEMBLY MARCH 24, 2021

TURNS DOWN A CLAIM, WHAT HAPPENS THEN?

MR. STERN: THEN IT IS INCUMBENT UPON THE

INSURANCE COMPANY TO NOTIFY THE CLAIMANT OF THE DENIAL OF THE CLAIM

AND ALSO PROVIDE THE NECESSARY INFORMATION, INCLUDING APPEAL RIGHTS.

MR. GOODELL: AND WHAT IS THAT APPEAL PROCESS?

MR. STERN: THAT IS -- APPEALS THAT ARE GOING TO BE

DETERMINED TO THE EXTENT THEY ARE NOT ALREADY, AS WE GO THROUGH THIS

PROCESS, LEFT TO THE SUPERINTENDENT OF DFS, THAT THAT WOULD BE A

PROCEDURE THAT WOULD BE SOMETHING THAT BOTH INDUSTRY AND CLAIMANTS

KNOW IS DEFINITIVE, IT'S A PROCESS THAT EVERYBODY KNOWS WHAT'S

INVOLVED, NOTIFICATION WOULD BE CONSISTENT THROUGHOUT THE INDUSTRY AND

AGAIN, THAT WOULD BE LEFT TO REGULATION.

MR. GOODELL: BUT AM I CORRECT THAT UNDER THE

CURRENT LAW, AT THE END OF THE DAY IF THE INSURED THINKS THAT SOMETHING

IS COVERED AND THE INSURANCE COMPANY DOESN'T, AT THE END OF THE DAY THE

INSURED HAS TO THEN SUE THE INSURANCE COMPANY IN COURT?

MR. STERN: IF THAT -- THAT'S WHAT PREEXISTING

STATUTES ALREADY PROVIDE FOR THEN CERTAINLY, THAT WOULD BE THE CASE.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: OF COURSE WHENEVER ANY OF US HAVE

A CLAIM FOR DAMAGE WHETHER OR NOT IT'S IN THE CONTEXT OF A MAJOR

NYS ASSEMBLY MARCH 24, 2021

DISASTER, WE HOPE THE INSURANCE COMPANIES RESPOND QUICKLY. AND

MANY PEOPLE DON'T REALIZE THIS, BUT THE INSURANCE COMPANIES ARE OFTEN

GRADED. THEY HAVE LIKE A REPORT CARD AND YOU CAN CHECK ON LINE AND

YOU CAN SEE HOW PROMPT THAT YOUR INSURANCE COMPANY TENDS TO PAY.

WHEN WE HAVE A MAJOR NATURAL DIASTER, THERE ARE

SPECIAL CHALLENGES BASED ON THE EXTENT OF THE -- OF THE DISASTER. I MEAN,

SOMETIMES ROADS ARE IMPOSSIBLE TO TRANSPORT ON. THE INSURANCE

COMPANY IS BRINGING IN EXPERTS FROM TYPICALLY ALL THE WAY AROUND THE

COUNTRY TO HELP WITH ADJUSTING CLAIMS. THE HOMEOWNERS CAN'T GET

QUOTES BECAUSE EVERYONE THAT WOULD NORMALLY GIVE THEM QUOTES ARE

BUSY DOING SOMETHING ELSE OR MAKING EMERGENCY REPAIRS. SO THE

PROBLEM WHEN YOU HAVE A SITUATION LIKE THAT AND YOU IMPOSE AN

ARTIFICIAL 15-DAY LIMIT, IS THAT YOU'LL GET FAST DECISIONS, BUT THEY WON'T

NECESSARILY BE THE RIGHT DECISIONS.

AND I HAD THE OPPORTUNITY TO BE IN FRONT OF A -- A

JUDGE ONCE AND I WAS PUSHING HIM A LITTLE BIT FOR A DECISION AND HE SAID

SMILED AT ME AND HE SAID, DO YOU WANT A FAST DECISION OR DO YOU WANT

A GOOD DECISION? AND HE WAS SMILING AND I UNDERSTOOD WHAT HE WAS

SAYING AND I SAID, YOUR HONOR, I PREFER A GOOD DECISION. AND HE SAID,

YOU HAVE CHOSEN WISELY, MY FRIEND. AND THE SAME HAPPENS IN

INSURANCE CONTEXT. WE CAN GET THE INSURANCE COMPANIES TO GIVE US A

FAST DECISION, BUT AT THE END OF THE DAY A GOOD DECISION IS BETTER FOR

BOTH THE INSURED AND FOR THE COMMUNITY. WHY? BECAUSE IF THE TIME

FRAME DOESN'T START TO RUN UNTIL THE CLAIM IS DEEMED COMPLETE, AN

INSURANCE COMPANY'S FIRST MISSION WERE TO LOOK FOR INCOMPLETENESS.

NYS ASSEMBLY MARCH 24, 2021

AND THEY'LL STAMP, YOU KNOW, "INCOMPLETE" AND SEND IT BACK. NOT ONLY

DOES THAT DEFEAT THE INTENT OF THIS PURPOSE, BUT IT SLOWS EVERYTHING

DOWN, BUT THE INSURANCE COMPANY IS ENCOURAGED TO DO THAT SO THEY

DON'T VIOLATE THE LAW.

THE SECOND THING IS, YOU KNOW, YOU CAN GET A CLAIM

THAT'S PARTIALLY COMPLETE, AND WE WANT THE INSURANCE COMPANIES TO

ADDRESS PARTIALLY COMPLETE CLAIMS, RIGHT, MAKE A PARTIAL PAYMENT. EVEN

IF THE ENTIRE COMPLAINT -- CLAIM IS NOT COMPLETE. AND THIS BILL WOULD

ENABLE THE INSURANCE COMPANY TO MARK THE ENTIRE THING INCOMPLETE AND

NOT MAKE THE PARTIAL PAYMENT. THE THIRD THING WE NEED TO KEEP IN

MIND IS THAT THE INSURANCE COMPANY IS UNDER INCREDIBLE PRESSURE. THEY

WANT TO TREAT THEIR INSUREDS CORRECTLY BUT THEY DON'T WANT TO RAISE RATES

ON EVERYONE ELSE BY PAYING CLAIMS THAT SHOULDN'T BE PAID. AND SO

WHEN YOU HAVE AN ARTIFICIAL TIME FRAME, THERE'S AN INCREDIBLE PRESSURE

ON THE INSURANCE COMPANY TO AVOID REGULATORY RAMIFICATIONS BY ERRING

ON THE SIDE OF UNDERPAYING A CLAIM. AND WHAT HAPPENS WHEN THAT

HAPPENS? IF THE INSURANCE COMPANY DOESN'T PAY A CLAIM, ULTIMATELY THE

INSURED IS FORCED TO BRING A LAWSUIT. AND IN A COUPLE YEARS, THEY MAY

OR MAY NOT GET PAID DEPENDING UPON THE OUTCOME OF THE LITIGATION.

SO WHEN WE LOOK BACK AND SEE HOW OUR INSURANCE

COMPANIES DID DURING SUPERSTORM SANDY AND OTHER NATURAL DISASTERS,

BY AND LARGE THEY DID AN EXCELLENT JOB. WERE THEY PERFECT? NO. WERE

THERE SOME PROBLEMS? CERTAINLY. BUT THEY DID AN EXCELLENT JOB. AND

SO AS A LEGISLATURE, I THINK OUR OBJECTIVE IS TO DO THE BEST WE CAN TO

MAKE SURE THAT WE HAVE GOOD DECISIONS FROM THE INSURANCE COMPANIES,

NYS ASSEMBLY MARCH 24, 2021

THAT THE INSURANCE COMPANIES' PERFORMANCE IS PUBLICLY AVAILABLE SO

MARKET PRESSURES ENSURE THAT THEY PERFORM PROPERLY, THAT WE DON'T

IMPOSE ARTIFICAL DEADLINES THAT MIGHT ENCOURAGE INSURANCE COMPANIES

TO TURN DOWN PARTIAL CLAIMS AS BEING INCOMPLETE OR ERR ON THE SIDE OF

TURNING DOWN A CLAIM RATHER THAN DOING THE PROCESS NECESSARY TO COME

UP WITH A GOOD DECISION, NOT JUST A FAST DECISION.

SO WHILE I CERTAINLY APPRECIATE THE DESIRES OF MY

COLLEAGUE TO ENCOURAGE INSURANCE COMPANIES TO PROCESS AS QUICKLY AS

POSSIBLE, IT'S CERTAINLY AN OBJECTIVE I SHARE. I DON'T THINK AN ARTIFICAL

15-DAY LIMITATION IS GOOD FOR THE INSUREDS OR THE INSURANCE COMPANIES

AND, THEREFORE, I WILL NOT BE SUPPORTING THIS BILL. THANK YOU, SIR. AND

AGAIN, THANK YOU TO MY COLLEAGUE FOR THE EXCELLENT ANSWERS.

ACTING SPEAKER AUBRY: THANK YOU.

MR. CAHILL.

MR. CAHILL: THANK YOU, MR. SPEAKER. AND THANK

YOU TO THE SPONSOR MR. STERN, FOR CARRYING THIS IMPORTANT LEGISLATION. IT

GIVES ME GREAT OPTIMISM FOR ALL OF US THAT THE LENGTH OF TIME THAT HAS

PASSED SINCE THE KIND OF DISASTER THAT WE SAW WITH SANDY AND LEE, AND

IRENE BEFORE THAT, HAS ALLOWED US TO SORT OF DULL OUR SENSES A LITTLE BIT

ABOUT HOW BAD THINGS WERE.

IF YOU RECALL BACK IN 2011, THERE WERE A SERIES OF

STORMS THAT DEVASTATED AREAS LIKE THE HUDSON VALLEY, THE CATSKILL

MOUNTAINS AREA, THE CENTRAL PART OF NEW YORK, WIPING OUT RIVERS,

WIPING OUT BRIDGES, STRANDING PEOPLE FOR WEEKS AND WEEKS, POWER WAS

GONE, HOUSES WERE LOST, LIVES WERE LOST IN THOSE STORMS. AND THE

NYS ASSEMBLY MARCH 24, 2021

FOLLOWING YEAR IN 2012, SUPERSTORM SANDY DID MORE DAMAGE TO THE

NORTHEASTERN COASTLINE THAN KATRINA DID TO THE GULF COAST LINE. MORE

PROPERTY WAS LOST, MORE DISLOCATION OCCURRED, MORE FAMILIES STRUGGLED

TO GET BACK ON THEIR FEET AFTER SUPERSTORM SANDY. AND I KNOW THAT

BECAUSE IT WAS MY FIRST YEAR AS CHAIR OF THE INSURANCE COMMITTEE. I

THINK MY PREDECESSOR, MR. MORELLE, MAYBE IT WAS ONE OF THE REASONS HE

LEFT, TWO YEARS IN A ROW OF UNPRECEDENTED DISASTERS THAT WERE PRIMARILY

CENTERED AROUND INSURANCE -- HE PROBABLY THOUGHT IT WAS AN EASIER TASK

JUST TO MANAGE THIS HEARD OF CATS WE CALL THE ASSEMBLY RATHER THAN DEAL

WITH INSURANCE MATTERS. SO IT WAS LEFT TO ME TO HOLD HEARINGS. AND WE

WENT UP AND DOWN THE SHORELINE OF LONG ISLAND, WE DID PARTS OF NEW

YORK CITY WHERE THE DEVASTATION WAS STILL, SIX MONTHS LATER, STILL

EVIDENT, STILL VERY EVIDENT.

AND ONE OF THE THINGS THAT WE FOUND OUT DURING THAT

TIME WAS THAT THE FEMA INSURANCE PROGRAM STANDS IN LINE BEHIND OUR

PROPERTY AND CASUALTY INSURANCE. THAT IS, YOU'RE NOT GOING TO GET A

FEMA SETTLEMENT UNTIL YOU GET A SETTLEMENT FROM YOUR OWN INSURANCE

COMPANY. WHAT ELSE DID WE FIND OUT? WE FOUND OUT EXACTLY WHAT MY

COLLEAGUE JUST SAID, THAT BY AND LARGE INSURANCE COMPANIES WERE VERY

GOOD AT WHAT THEY WERE DOING. SATISFACTION RATES AFTER SANDY WERE STILL

ABOUT 90 PERCENT FOR MOST COMPANIES; SOME AS HIGH AS 95 PERCENT.

THAT'S CUSTOMERS SAYING, MY INSURANCE COMPANY DID THE JOB. SOME OF

THE LOWER RATINGS WERE IN THE HIGH 80S, AND THOSE LOWER RATINGS WERE

ATTRIBUTABLE LARGELY TO THE FACT THAT THE INSURERS HAD A CONCENTRATION OF

CUSTOMERS IN THE PLACES MOST DEVASTATED BY THE STORM.

NYS ASSEMBLY MARCH 24, 2021

BUT WHAT HAPPENED IN THE MIDDLE OF THIS PROCESS? IN

THE MIDDLE OF THIS PROCESS, THE DEPARTMENT OF FINANCIAL SERVICES

DECIDED THAT THEY WOULD IMPOSE DEADLINES, THEY WOULD IMPOSE SHORTER

PERIODS OF TIMES FOR CLAIMS TO BE EXAMINED AND FOR CLAIMS TO BE SETTLED.

SO WHEN THE STORM OCCURRED, OUR INSURANCE COMPANIES WERE REQUIRED

ALREADY TO MEET THOSE DEADLINES. WHAT WE DID AFTER THE STORM WAS -

OVER IN OUR HEARINGS - WAS TRY TO FIGURE OUT HOW DO WE DO WHAT

INSURANCE COMPANIES LIKE THE MOST? HOW DO WE GIVE INSURANCE

COMPANIES WHAT THEY COUNT ON TO DO THEIR BUSINESS? AND IT'S ONE

WORD. IN AN ERA OF UNPRECEDENTED NATURAL DISASTERS ON A SCALE LIKE

WE'VE NEVER SEEN BEFORE, THAT WORD WAS BEING LOST WITH REGULARITY.

AND THE WORD IS PREDICTABILITY. SO WHILE OUR INSURANCE COMPANIES

STAGED THEMSELVES TO RESPOND TO THE DISASTER APPROPRIATELY, MIDWAY

THROUGH THEY HAD TO SHIFT GEARS TO ALSO RESPOND TO AN ADMINISTRATIVE

RULING THAT REQUIRED THEM TO ACCELERATE THEIR CLAIMS PROCESS. HOW

MUCH BETTER IT WOULD HAVE BEEN FOR THEM IF THEY KNEW IN ADVANCE THAT

THIS IS WHAT WOULD HAPPEN IF A NATURAL DISASTER STRUCK. HOW BETTER IT

WOULD HAVE BEEN FOR THEM TO BE ABLE TO GIVE US A RIGHT DECISION, A GOOD

DECISION, AND A FAST DECISION.

THAT'S WHAT THIS LEGISLATION ALLOWS FOR. THAT'S WHAT

MR. STERN AND HIS CONSTITUENTS NEEDED BACK THEN IN 2012 AND 2011,

WHAT MY CONSTITUENTS AND I NEEDED, AND IT'S WHAT THE PEOPLE OF NEW

YORK NEED TODAY. THERE'S NOTHING IN THIS BILL THAT CRITICIZES INSURANCE

COMPANIES. THERE'S NOTHING IN THIS BILL THAT SAYS THAT WHAT THEY DO IS

WRONG AND NEEDS CORRECTION. WHAT THERE IS IN THIS BILL, IT SAYS THERE

NYS ASSEMBLY MARCH 24, 2021

NEEDS TO BE PREDICTABILITY, BECAUSE THAT'S WHAT MAKES INSURANCE WORK

RIGHT. THOUGH I THANK THE SPONSOR AND I THANK MY COLLEAGUES FOR THE --

FOR THE GOOD DEBATE, AND I HOPE THAT LIKE MS. WALSH, MR. GOODELL WILL

RECONSIDER HIS VOTE AND MAYBE JOIN US IN THE MAJORITY AND FINALLY BRING

SOME PREDICTABILITY TO AN AREA THAT IS JUST GROWING WITH ITS LEVEL OF

UNPREDICTABILITY. THANK YOU, MR. SPEAKER. I YIELD BACK.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BLANKENBUSH.

MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BLANKENBUSH: I'M GOING TO BE VERY SHORT.

I'M NOT GOING TO REPEAT WHAT MY COLLEAGUES HAVE SAID PRIOR TO THIS.

THERE'S ONLY ONE OTHER ASPECT THAT I THINK WASN'T MENTIONED AND THAT IS

BASICALLY PRIOR TO SANDY, THERE WAS A COMPETITIVE INSURANCE

MARKETPLACE FOR HOMEOWNERS TO SHOP AND GO TO DIFFERENT COMPANIES,

TAKE A LOOK AT WHAT THEIR PRODUCT IS, WHAT THEIR RATES ARE, WHAT THEIR

PREMIUMS WERE. WHAT I'M CONCERNED THAT -- WHAT MIGHT HAPPEN WITH

THIS LEGISLATION IS THAT INSURANCE COMPANIES, BECAUSE OF WHAT THEY

WOULD FEEL IS UNRESTRICTIVE IN FILING THEIR CLAIMS AND SO FORTH, THEY

MIGHT BE, OR PROBABLY WOULD BE PULLING AWAY FROM THE COASTAL

MARKETPLACE. AND IF MANY COMPANIES DO THAT, WE'RE GOING TO HAVE A

REACTION TO THOSE AREAS LIKE THE COASTAL WATERWAYS THAT HOMEOWNERS

MAY OR MAY NOT HAVE THE MOST COMPETITIVE INSURANCE COMPANIES OR THE

MOST COMPETITIVE RATES BY PUTTING THESE RESTRICTIONS ON THE COMPANIES.

NYS ASSEMBLY MARCH 24, 2021

SO EVEN THOUGH I COULD TALK ABOUT THE 15 DAYS, I THINK

THAT WAS ALREADY DISCUSSED, BUT I DON'T THINK WE LOOKED AT IT AS FAR AS IS

THIS GOING TO MAKE -- OR ONE OF THE THINGS THAT IS GOING TO MAKE AN

UNCOMPETITIVE INSURANCE MARKET AND ACTUALLY BACKFIRE ON WHAT WE'RE

TRYING TO DO. SO I JUST WANT TO BRING THAT UP AND IT'S SOMETHING FOR

EVERYONE TO THINK ABOUT, AND I'M JUST CONCERNED THAT THE INSURANCE

COMPANIES MAY BE PULLING OUT OF THE COASTAL WATERWAYS MARKET, AND

THAT WOULD HAVE A HUGE PROBLEM WITH THOSE THAT EXPERIENCED SANDY IN

THE FIRST PLACE, BUT THROUGHOUT ALL OF THE STATE OF ANY COASTAL WATERWAY

PRODUCT.

SO I'M JUST CONCERNED AND ON THAT LEVEL, AND I'M STILL

NOT GOING TO BE IN FAVOR OF THE -- OF THE BILL. I WANT TO THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION. I'M SORRY. MR. HAWLEY.

MR. HAWLEY: THANK YOU, MR. SPEAKER. NOT TO

PROLONG THIS, BUT ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. HAWLEY: ONE OF THE LAST AREAS THAT I HAVE A

CONCERN WITH ON THIS BILL IS BY NOT ALLOWING CLAIMS TO BE PRIORITIZED BY

THE INSURANCE COMPANY AND PUTTING ALL CLAIMS ON THE SAME BASIS IN

TERMS OF WHEN THEY HAVE TO BE RESOLVED. IF SOMEONE'S LOST SOME

SHINGLES OFF OF THE ROOF IN ONE SITUATION, OR SOME SIDING, VERSUS THE

UNBELIEVABLE LOSS OF THE ENTIRE STRUCTURE, NOT BEING ABLE TO PRIORITIZE TO

HANDLE CLAIMS IN A VERY SYSTEMATIC AND EXPEDITIOUS WAY IS -- IS GOING

NYS ASSEMBLY MARCH 24, 2021

TO PUT A VERY DIFFICULT BURDEN ON INSURANCE CARRIERS.

SO IT MAY HAVE UNINTENDED CONSEQUENCES AND I WOULD

URGE MY COLLEAGUES TO STRONGLY CONSIDER THAT IN TERMS OF CUSTOMER

SERVICE AND THE ABILITY TO HANDLE CLAIMS IN A -- IN AN EXPEDITIOUS WAY.

SO I'LL BE VOTING NO ON THIS. I APPRECIATE THE TIME. MR. CAHILL,

WONDERFUL COMMENTS.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE ON ASSEMBLY PRINT 2236. THIS IS A PARTY VOTE. ANY

MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE

POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE

NUMBERS PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE MEMBERS

WHO WOULD LIKE TO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY

LEADER'S OFFICE SO WE CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY WILL BE VOTING IN THE AFFIRMATIVE ON THIS ONE

AND COLLEAGUES DESIRING TO BE AN EXCEPTION SHOULD CONTACT THE MAJORITY

LEADER'S OFFICE AND WE WILL BE HAPPY TO SO RECORD YOUR VOTE.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

NYS ASSEMBLY MARCH 24, 2021

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THE COMMENT

FROM ONE OF MY COLLEAGUES ABOUT PREDICTABILITY CERTAINLY STRUCK HOME

TO ME AND I WANTED TO REASSURE MY COLLEAGUES THAT I AM AS PREDICTABLE

AS I CAN BE, WHICH IS WHY I WILL BE VOTING AGAINST THIS BILL, AS I HAVE IN

THE PAST. BUT HIS POINT IS WELL-TAKEN. YOU KNOW, DURING THE LAST YEAR

WE HAVE SEEN BUSINESSES ALL ACROSS THE STATE JUST EXTRAORDINARILY

FRUSTRATED FROM THE COMPLETE LACK OF PREDICTABLY WITH NEARLY HUNDREDS

OF EMERGENCY ORDERS ISSUED IN THE CONTEXT OF THE COVID EMERGENCY.

AND SO BUSINESSES WOULD HAVE TO LISTEN TO THE GOVERNOR'S PRESS

CONFERENCES IN ORDER TO FIND OUT WHETHER THEY WERE OPEN THE NEXT DAY

OR NOT, OR WHETHER THEY WERE NOW MANDATED EVEN BEFORE THERE'S

ANYTHING IN WRITING, TO TEST SOME EMPLOYEES AND HOW OFTEN. AND

THERE'S A COMPLETE LACK OF PREDICTABILITY THAT WE'VE SEEN JUST ABSOLUTELY

RAVISHING OUR ECONOMY. I HAVE CUSTOMERS OR CLIENTS, COMPANIES THAT

HAVE TO MAKE PLANS MONTHS IN ADVANCE AND THEY'RE LUCKY TO GET HOURS

IN ADVANCE IN TERMS OF NOTICE.

SO I CERTAINLY APPRECIATE THE PREDICTABILITY. HAVING A

LAW THAT PROVIDES A 15-DAY NOTICE OR A REQUIREMENT TO RESPOND, WHILE IT

IS PREDICTABLE, IT IS PREDICTABLY TOO SHORT. AND IT'S BETTER TO HAVE

PREDICTABILITY WITH REASONABLE STANDARDS THAT RECOGNIZE THE SERIOUSNESS

OF THIS SITUATION. AND I TOLD OUR PARLIAMENTARIAN I'D KEEP MY

COMMENTS TO UNDER ONE MINUTE AND, PREDICTABLY, I RAN OVER. THANK

YOU, SIR.

NYS ASSEMBLY MARCH 24, 2021

ACTING SPEAKER AUBRY: MR. STERN TO EXPLAIN

HIS VOTE. MR. GOODELL IN THE NEGATIVE.

MR. STERN: THANK YOU, MR. SPEAKER. RIGHT NOW

IN OUR INSURANCE MARKETPLACE, THERE IS NO PREDICTABILITY. AND SO THAT IS

EXACTLY WHAT THIS LEGISLATIVE INITIATIVE GOES TO. RIGHT NOW CLAIMS CAN

TAKE AN INORDINATE AMOUNT OF TIME, AS WE SAW DURING NATURAL DISASTERS

OF THE PAST, WHERE FAMILIES WERE NOT ABLE TO GET BACK INTO THEIR HOMES,

WHERE BUSINESSES WERE NOT ABLE TO REOPEN. IT GOT SO BAD, MR. SPEAKER,

THAT DURING THE RECOVERY OF SUPERSTORM SANDY, THERE WERE STATE

REGULATIONS ENACTED FOR THAT PERIOD OF TIME THAT CREATED A TIME PERIOD OF

SIX DAYS. THIS, MR. SPEAKER, PROVIDES FOR AN INITIAL 15-DAY PERIOD WITH

THE POSSIBILITY OF AN ADDITIONAL ONE-TIME 15-DAY PERIOD IF IT BECOMES

NECESSARY.

IN TERMS OF PREDICTABILITY FOR THE INSURANCE INDUSTRY,

THIS WILL CERTAINLY PROVIDE FOR A LOT GREATER PREDICTABILITY FOR THEM AND

FOR THE CLAIMANTS, THEIR CUSTOMERS AS WELL. AND AFTER A NATURAL DISASTER

OR EMERGENCY, HOPEFULLY THERE IS NO LOSS OF LIFE, BUT FOR TOO MANY LIVING

OFTEN COMES TO A HALT BECAUSE A HOME OR PERSONAL BELONGINGS ARE

DAMAGED AND DESTROYED, AND AFTER A DISASTER, MANY OF OUR NEIGHBORS

EXPERIENCE LOST. BUT THEN COMES THE ANXIETY, THEN COMES THE FEAR, THE

ANGER. AND THEN WHEN YOU CAN'T GET YOUR CLAIM PROCESSED AND GET YOUR

HOME REBUILT, THE RAGE THAT COMES ALONG WITH THIS UNDUE DELAY BECAUSE

THE INSURANCE COMPANY PROVIDES TOO MUCH DELAY IN HELPING THEM GET

BACK TO THEIR LIVES AND THAT IS SIMPLY UNACCEPTABLE.

SO MR. SPEAKER, I'M VOTING IN THE AFFIRMATIVE AND I

NYS ASSEMBLY MARCH 24, 2021

URGE ALL OF MY COLLEAGUES TO VOTE YES ON THIS BILL AND SUPPORT THEIR

NEIGHBORS IN NEED AFTER DISASTER STRIKES. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. STERN IN THE AFFIRMATIVE.

MR. SMULLEN.

WE WILL MOVE TO MR. DURSO TO EXPLAIN HIS VOTE.

MR. DURSO: THANK YOU, MR. SPEAKER. I JUST WANT

TO THANK THE SPONSOR FOR THIS LEGISLATION. I UNDERSTAND MY COLLEAGUES

ON BOTH SIDES MAY THINK THAT THIS LEGISLATION IS NOT PERFECT AND, TO TELL

YOU THE TRUTH, IN MY SHORT TIME I HAVEN'T SEEN A LOT THAT ARE PERFECT, BUT

I DO KNOW THIS. AS BEING A REPRESENTATIVE HERE ON LONG ISLAND, FROM

THE SOUTH SHORE OF LONG ISLAND WHERE MANY OF OUR COMMUNITIES FROM

MASSAPEQUA, BABYLON, ISLIP, BAY SHORE, HAVE WATERFRONT COMMUNITIES

AND WERE COMPLETELY DEVASTATED DURING HURRICANE SANDY. TO HAVE --

AND WHAT IT SAYS RIGHT ON THE BILL, "PROMPT INVESTIGATION AND SETTLEMENT

CLAIMS." PROMPT WOULD BE -- WOULD HAVE BEEN GREAT AT THE TIME. A LOT

OF THEM DID NOT RECEIVE THAT. I KNOW SOME OF MY COLLEAGUES HAVE

TALKED ABOUT THE RIGHT DECISION, THE WRONG DECISION. I KNOW SOME OF

OUR RESIDENTS WOULD HAVE LIKED A DECISION. WE STILL HAVE MANY

COMMUNITIES, MANY HOMES IN OUR AREAS THAT STILL HAVE -- THAT ARE STILL,

YOU KNOW, DESTROYED, HAVE NOT RECEIVED CLAIMS WHETHER IT WAS NEW

YORK RISING OR THEIR INSURANCE COMPANIES. SO I THINK THAT ANY TYPE OF

LEGISLATION THAT WE COULD PUT FORWARD ESPECIALLY FOR OUR COMMUNITIES

HERE ON THE SOUTH SHORE, TO GIVE THEM SOME KIND OF RELIEF, ESPECIALLY

DURING THESE DISASTERS, WOULD BE GREATLY APPRECIATED. I DO APPRECIATE

NYS ASSEMBLY MARCH 24, 2021

THE SPONSOR'S BILL AND I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. DURSO IN THE

AFFIRMATIVE.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER. TO

EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: SIR.

MR. MANKTELOW: YOU KNOW, BEING A FARMER FOR

30-SOME YEARS AND SOMETHING THAT I DIDN'T SEE IN THE BILL, AND I

APOLOGIZE, I SHOULD HAVE ADDED THIS TO THE DEBATE, BUT I DIDN'T. LET'S

NOT FORGET ABOUT THE WEATHER DISASTERS THAT AGRICULTURAL PRODUCERS DEAL

WITH EACH AND EVERY YEAR. AND I KNOW WHEN THESE TYPE OF DISASTERS

COME THROUGH, I'VE BEEN INVOLVED WITH THESE IN DIFFERENT PARTS OF MY

LIFE, THAT THERE'S NOWHERE ENOUGH INDIVIDUALS TO COME OUT TO LOOK AT

FARM DISASTERS, WHEN YOU'RE TALKING ABOUT THOUSANDS AND MILLIONS OF

ACRES WHETHER IT'S NEW YORK STATE, THE NORTHEAST, THE EASTERN SIDE OF

THE UNITED STATES, THERE'S JUST NO WAY THAT CAN HAPPEN. AND I WANT TO

SUPPORT THE BILL, I THINK IT'S GOT GOOD POINTS TO IT, BUT I DON'T SEE HOW

THIS IS GOING TO WORK WITH THE AGRICULTURAL PRODUCERS OF THE UNITED

STATES, OF NEW YORK AS WELL. AND I JUST HAVE CONCERN THAT IT'S NOT

SOMETHING THAT'S ABLE TO BE DONE IN 15 DAYS. I KNOW THAT IT CAN BE

DONE. SOMETIMES AN ADJUSTER WILL SPEND FIVE TO 15 DAYS AT ONE FARM

AND, LIKE I SAID, I APOLOGIZE TO THE SPONSOR OF THE BILL, I SHOULD HAVE

BROUGHT THIS UP IN THE DEBATE, BUT I JUST WANT TO PUT THAT OUT THERE. SO I

WILL BE VOTING IN THE NEGATIVE, ONLY BECAUSE I'VE GOT CONCERN FOR THE

NYS ASSEMBLY MARCH 24, 2021

AGRICULTURAL PRODUCERS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. MANKTELOW IN

THE NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING ASSEMBLYMEMBERS IN SUPPORT OF THIS LEGISLATION: MR.

DURSO, MR. GANDOLFO, MR. GIGLIO, MR. LAWLER, MR. MIKULIN, MRS.

MILLER, MR. MONTESANO, MR. RA, MR. REILLY, AND MR. TANNOUSIS. ALSO

PLEASE ADD MS. GIGLIO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS? I BELIEVE YOU HAVE

RESOLUTIONS WHICH ONE OF OUR COLLEAGUES WOULD LIKE TO SPEAK ON.

ACTING SPEAKER AUBRY: WE HAVE A PRIVILEGED

RESOLUTION BY MS. ROSENTHAL. THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 131, MS.

ROSENTHAL. LEGISLATIVE RESOLUTION RECOGNIZING HUMAN SERVICES

WORKERS AS VITAL TO THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. ROSENTHAL ON THE

RESOLUTION.

MS. ROSENTHAL: THANK YOU. THANK YOU, MR.

NYS ASSEMBLY MARCH 24, 2021

SPEAKER. I'M HAPPY TODAY TO HAVE THE OPPORTUNITY TO FORMALLY

RECOGNIZE NON-PROFIT HUMAN SERVICES WORKERS AS VITAL TO THE STATE OF

NEW YORK AND THANK THEM FOR THE WORK THEY DO EACH AND EVERY DAY IN

OUR COMMUNITIES. IT IS ESPECIALLY FITTING NOW DURING WOMEN'S HISTORY

MONTH TO HONOR THIS WORKFORCE THAT IS COMPRISED MOSTLY OF WOMEN.

NON-PROFIT HUMAN SERVICES WORKERS SELFLESSLY

ENHANCE OUR COMMUNITIES EACH DAY AND PROVIDE ASSISTANCE TO SOME OF

THE MOST VULNERABLE POPULATIONS. THEY ARE ON THE FRONT LINES PROVIDING

EARLY CHILDHOOD EDUCATION, AFTER-SCHOOL PROGRAMS TO HELP OUR YOUTH.

THEY OPERATE FOOD PANTRIES TO HELP BATTLE FOOD INSECURITY AS MORE AND

MORE NEW YORKERS STRUGGLE TO AFFORD GROCERIES. THEY PROVIDE MENTAL

HEALTH COUNSELING, ENSURING THAT PEOPLE EXPERIENCING HOMELESSNESS

HAVE SHELTERS TO STAY IN EACH NIGHT. THEY PROVIDE CARE TO THE ELDERLY

AND SO MUCH MORE.

THE WORK OF HUMAN SERVICES WORKERS WAS VITAL

BEFORE THE COVID-19 PANDEMIC BUT OVER THE LAST YEAR, WE HAVE COME

TO RELY ON THEIR SERVICES MORE THAN EVER. OUR STATE HAS EXPERIENCED

RECORD RATES OF HOMELESSNESS, A DRASTIC INCREASE IN FOOD INSECURITY, AND

NEW CHALLENGES IN PROVIDING CARE TO CHILDREN AND THE ELDERLY IN NEW

YORK. BUT THROUGHOUT IT ALL, OUR NON-PROFIT HUMAN SERVICE WORKERS

HAVE CONTINUED TO SHOW UP, RISKING THEIR OWN HEALTH AND SAFETY TO CARE

FOR US AND OUR FAMILIES. THESE NON-PROFIT WORKERS ARE THE DEFINITION OF

SELFLESS. THEY, TOO, HAVE FAMILIES AT HOME BUT THEY CONTINUE TO MEET

THE NEEDS OF THE NEW YORKERS THEY SERVE, EVEN WHEN IT MEANS RISKING

THEIR HEALTH OR SPENDING ADDITIONAL TIME AWAY FROM THEIR FAMILIES TO DO

NYS ASSEMBLY MARCH 24, 2021

SO.

THIS WORKFORCE, WHICH ACCOUNTS FOR NEARLY 18 PERCENT

OF THE STATE'S ENTIRE WORKFORCE AND IS ABOUT 80 PERCENT WOMEN, AND

MORE THAN HALF OF THOSE BEING WOMEN OF COLOR, IS WELL-EDUCATED WITH

MANY HOLDING A COLLEGE DEGREE; YET, DESPITE THEIR IMMENSE

QUALIFICATIONS, THEY REMAIN SOME OF THE LOWEST PAID WORKERS IN THE

STATE. THEY HAVE WORKED THROUGHOUT THE PANDEMIC TO PROVIDE

ESSENTIAL SERVICES TO OUR COMMUNITIES AND ARE DESERVING OF ADDITIONAL

PAY, BENEFITS, AND MORE.

GIVEN THE DEDICATION THAT OUR NON-PROFIT HUMAN

SERVICES WORKFORCE HAS SHOWN FOR CARING FOR OUR COMMUNITIES DURING

COVID-19 AND BEYOND, IT IS IMPORTANT THAT WE PAUSE TODAY TO FORMALLY

RECOGNIZE THEIR WORK AND THANK THEM FOR THEIR SELFLESSNESS AND

DEVOTION TO ALWAYS SUPPORTING AND UPLIFTING OUR COMMUNITIES IN NEED.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE

RESOLUTION IS ADOPTED.

WE HAVE ADDITIONAL RESOLUTIONS WE WILL ALSO TAKE UP

WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NO. 132 WAS

UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

NYS ASSEMBLY MARCH 24, 2021

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 10:00 A.M. THURSDAY

MORNING, MARCH THE 25TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 1:05 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL THURSDAY, MARCH 25TH AT 10:00 A.M., THURSDAY BEING A

SESSION DAY.)